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Purchase of 6900 Pennsylvania Avenue_Elaine WhiteTHE CITY OF SUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Elaine M. White 6900 Pennsylvania Ave. DATE: August 12, 2008 Dubuque AII-America City 2007 City Attorney Barry Lindahl is recommending acceptance of the deed for the property located at 6900 Pennsylvania Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~u G~ ~i-------- Mi ael C. Van Milligen MCVM/Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY OF DUB E Masterpiece on the BARRY LIND CITY ATTOR MEMORANDUM To: Michael Van Milligen City Manager DATE: August 1, 2008 RE: Purchase of Property from Elaine M. White 6900 Pennsylvania Avenue On March 4, 2008, the City entered into an agreement with Elaine M. White to purchase the property located at 6900 Pennsylvania Avenue. The City has now acquired the property. Attached is a resolution accepting the deed to the property. recommend that the resolution be submitted to the City Council for consideration and approval. Attachment F:\USERS\tsteckle\Lindahl\White Elaine - 14454 Middle Rd\MVM_ResolutionAcceptingDeed_080108.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 269-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ELAINE M. WHITE WHEREAS, the City of Dubuque entered into an Agreement with Elaine M. White for the purchase of the following described real property in Dubuque County, Iowa: Lot 2 of the NW ~/4 of the NE '/4 of Section 30, in Township 89 North, Range 2 East of the 5t" P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof. AND WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from Elaine M. White, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. 18th Passed, approved and adopted this 18th day of August , 2008. Roy D, Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ®THE IOWA STATE BAR ASSOCIATION Official Form No. 101 - Ma 2006 Thomas A. Bitter FOR THE LEGAL EFFECT OF THE USE OF THIS FORM CONSULT YOUR LAWYER Return To: Barry A Lindahl Suite 330 Harbor View Place 300 Main Street Dubuque IA 52001-6944 Preparers Thomas A Bitter 485 Locust Street Dubuque IA 52001 (5631588-4608 Taxpayer: ~; rEs fig, y~ t v~ ~! ~ z WARRANTY DEED ,; ~ 6 :4~~C I tiC `u For the consideration of Ten Dollar(s) and other valuable consideration, Elaine M. White, single do hereby Convey to the City of Dubuque, Iowa the following described real estate in l7u(7u4ue County, Iowa: Lot 2 of the N W '/4 of the NE '/4 of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. W Dated: August 1, 2008 ~~2~~~ ~ ~/Z~ Elaine M. White (Grantor) (Grantor) STATE OF IOWA ,COUNTY OF DUBUQUE This instrument was acknowledged before me on August 1, 2008 , by Elaine M. White, BITTER Thomas A. Bitter, otary Public THOMAS A p~` . O' e> Comml>t91or~ Humber 701254 YYComml~ston5xplrei~ °`j ~OM~` (This form of acknowledgment for individual grantor(s) only) IOWADOCSO RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION OffIclal Form No. 129 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Thomas A. Bitter, 485 Locust Street, Dubuque, IA 52001, Phone: (563) 588 - 4608 Taxpayer Information: (Name and complete address) Return Document To: (Name and complete address) Barry A. Lindahl, Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 -6944 Mortgagee releasing mortgage: Mortgagor: Dubuque Teachers Credit Union Elaine M. White iu111111111Hmmximw1111111111m11111mioum Doc ID. 006150220002 Type GEN Recorded: 09/12/2008 at 01:08:13 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2008- 00012950 Legal description: Document or instrument number of previously recorded documents: 2007 - 12640 © The Iowa Stale Bar Association 2005 4.ri{ k ) cP � y THE IOWA STATE BAR ASSOCIATION Official Form No. 129 Thomas A. Bitter FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER .'' , .. OC'I,C1■ The undersigned, the present a certain mortgage bearing ex euted by Elaine M. White RELEASE OF REAL ESTATE MORTGAGE owner(s) of the mortgage hereinafter described, do hereby acknowledge that date of the 7th day of August , 2007 , made and to Dubuque Teachers Credit Union , and Recorded in the records State of Iowa, recorded as 2 day of of the office of the Recorder of the County of Dubuque . document reference number 2007 -12997 on the fA ur-i 207 is redeemed, paid off, satisfied and discharged in full. or plural number, and as , Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular masculine, feminine or neuter gender, according to the context Dated this 1 st day ofAugust 2008 , NOTE: For partial release of real estate mortgage, see Form No. 130 CORPORATE OR PARTNERSHIP STATE OF IOWA �. � � Sal. er , COUNTY OF DUBUQUE This instrument was acknowledged Sal Miller before me on Auqus t 1 , 2 0 0 8 , by as President of • • • - - _ .- - • • 0I ,' INDIVIDUAL STATE OF Tnwa fr i Notary Public - IOWA imberly K Brown Notary Public Commission No. 751 39 My Commission Exp 3 3 , COUNTY OF Dubuque This instrument was acknowledged Jonathon Miller before me on August 1 , 2 0 0 8 , by • / A_4( 4 /J u • - . • , 2 Notary Public Kimberly K Brown Notary Public - IOWA Commission No. 75 73 My Commission Exp. 3 0 The Iowa Stale Bar Association 2005 129 RELEASE OF MORTGAGE IOWADOCS® Revised June 2005 Preparer Information: (Name, address and phone number) Thomas A. Bitter, 485 Locust Street, Dubuque, IA 52001, Phone: (563) 588 - 4608 Taxpayer Information: (Name and complete address) Return Document To: (Name and complete address) Barry A. Lindahl, Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 -6944 Mortgagee releasing mortgage: Mortgagor: Dubuque Teachers Credit Union Elaine M. White Legal description: Document or instrument number of previously recorded documents: 2007 - 12997 ® The Iowa Slate Bar Assodalion 2005 IOWAOOCS' RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION OfficIal Form No. 129 Recorder's Cover Sheet IIIiII II II II I II IM 11111 11111 II II II IllIIJ Doc ID 006150230002 Type. GEN Recorded: 09/12/2008 at 01:09:07 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2008_00012951 i e1 \ -+ ( �IjI THE IOWA STATE BAR ASSOCIATION Official Form No. 129 Thomas A. Bitter FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER j'' I , ( - ,sr r 1,c ,,`'. The undersigned, the present a certain mortgage bearing executed by Elaine M. White RELEASE OF REAL ESTATE MORTGAGE owner(s) of the mortgage hereinafter described, do hereby acknowledge that date of the 7th day of August , 2007 , made and to Dubuque Teachers Credit Union , and Recorded in the records State of Iowa, recorded as .2 day of of the office of the Recorder of the County of Dubuque document reference number 2007 -12640 on the �cGl us'( 2- 7 is redeemed, paid off, satisfied and discharged in full. or plural number, and as , Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular masculine, feminine or neuter gender, according to the context Dated this 1st day of August 2008 , NOTE: For partial release of real estate mortgage, see Form No. 130 CORPORATE OR PARTNERSHIP STATE OF IOWA i ,�� Sally OPIr , COUNTY OF DUBUQUE This instrument was acknowledged Sally Miller before me on August. 1 2 0 0 8 , by , as President of Dubuque TPachp - .• ••.• , INDIVIDUAL STATE OF Iowa / /.��J Kimberly K Browhi mhPr 1 y K r rnwn Notary Public Notary Public - IOWA Commission No. 751730 MYOCJKI'1'f' C7�iuc 3 (3 09 This instrument was acknowledged Jonathon M before me on August 1 , 2008 b / a__�l i • N.- , ,; . , Notary Public K Notary Commission My Commission K Brown Public - IOWA No. 751 3 Exp 3 09 © The Iowa State Bar Association 2005 129 RELEASE OF MORTGAGE 10WADOCSO Revised June 2005 ©THE IOWA STATE BAR ASSOCIATION I Official Form No. 101 - May 2006 Thomas A . Bitter I FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER Return Preparer: Taxpayer:City 41A , 1 so c Elaine To: Barry A. Lindahl, Suite 330. Harbor View Place 300 Main Street. Dubuque. IA 52001 -6944 Thomas A. Bitter, 485 Locust Street, Dubuque, IA 52001, (563) 588 -4608 of Dubuque, 50 West 13th Street, Dubuque IA 52001 - / cam t ,-c o, For the consideration of M. White, single WARRANTY DEED Ten Dollar(s) and other valuable consideration, do hereby Convey to the City of Dubuque, Iowa the following described real estate Lot 2 of the NW '/4 of the NE the City of Dubuque, Iowa, Grantors do Hereby Covenant estate by title in fee simple; that real estate is free and clear of Covenant to Warrant and Defend stated. Each of the undersigned to the real estate. Words and singular or plural number, and ���� a iiii7 „ 1", 4i in Dubuque County, Iowa: 1/4 of Section 30, in Township according to the recorded plat thereof with grantees, and successors they have good and lawful authority all liens and encumbrances except the real estate against the lawful hereby relinquishes all rights of dower, phrases herein, including acknowledgment as masculine or feminine gender, 89 North, Range 2 East of the 5th P.M., in in interest, that grantors hold the real to sell and Convey the real estate; that the as may be above stated; and grantors claims of all persons except as may be above homestead and distributive share in and hereof, shall be construed as in the according to the context. Dated: August 1, 2008 Elaine STATE This instrument -single M. White (Grantor) (Grantor) OF IOWA , COUNTY OF DUBUQUE was acknowledged before me on August 1, 2008 , by Elaine M. White, Thomas A. Bitter, Notary Public °7 (This form of acknowledgment for individual grantor(s) only) P L . ' r ow ' THOMAS A. BITTER Commlealon Number 701250 fay Commlaalon Expires I-21- IINII111IIIIINI111pIWIMNIIIIIVIYNIIIIIM Doc ID 006150240003 Type GEN Recorded: 09/12/2008 at 01:10:06 PM Fee Amt: $285.20 Page 1 of 3 Revenue Tax: $263.20 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2008- 00012952 5('`' Gtr G- r (/ oO Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 RESOLUTION NO. 269 -08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ELAINE M. WHITE WHEREAS, the City of Dubuque entered into an Agreement with Elaine M. White for the purchase of the following described real property in Dubuque County, Iowa: Lot 2 of the NW '/ of the NE 1 /4 of Section 30, in Township 89 North, Range 2 East of the 5 P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof. AND WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from Elaine M. White, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. 18th Passed, approved and adopted this , day of August , 2008. Att eanne F. Schneider, City Clerk PI Roy D. ol, Mayor STATE OF IOWA ) COUNTY OF DUBUQUE ) Dated at Dubuque, Iowa on this 19 day of August, 008. CERTIFICATE OF CITY CLERK I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 269 -08 is a correct copy of the original Resolution No. 269 -08 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 18 day of August, 2008. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Jeanne F. Schneider, CMC City Clerk TRANSFEROR Name Elaine M. White Address 6900 Pennsylvania Avenue, Dubuque, IA 52002 Name the the City of Dubuque, Iowa Address 50 West 13th Street Dubuque Address of Property Transferred 14666 Middle Road, Dubuque, IA 52002 Number and Street or RR City, Town, or P O. State Zip Legal Description of Property See 1 in Addendum 1. Wells (check one) ❑ There are no known wells situated on this property. XThere is a well or wells situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) $There is no known solid waste disposal site on this property. ❑ There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. ❑ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) XThere is no known hazardous waste on this property. ❑ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground Storage Tanks (check one) 'X There are no known underground storage tanks on this property. (Note a.Xclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) of key- % Sep )&L ❑ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below. 5. Private Burial Site (check one) y There are no known private burial sites on this property. ❑ There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the decedent is stated below. Signature: DNR form (June, 2007) ranstero REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR Number and Street or RR City, Town or P.O. State Zip Number and Streel or RR City, Town or P.0 • The well is located approximately 75 feet from the north boundary line and 10 feet from the west boundary line. Information, if any, required by statements checked above shall be provided on a separate sheet attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. i111111111wnM111111111w111111wa11iw11111iNwmw Doc ID 006150250002 Type. GWH Recorded: 09/12/2008 at 01:11:06 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e 2008- 000 at 52 »01 Telephone Number: ( 563 ) 582 - 1716 FILE WITH RECORDER 542 -0960 Addendum 1. Lot 2 of the NW '/4 of the NE 1/4 of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof